Directeur de l’Observatoire International pour la protection du patrimoine culturel dans les régions en crise

To the President of the Palestinian Authority, H.E. Mahmoud ABBAS

To the Palestinian Ministry of Tourism and Antiquities, H.E. Mitri ABU AITA

To the President of Israel, H.E. Moshe KATZAV

To the Prime Minister of Israel, H.E. Ariel SHARON

To the General Secretary of UNESCO

To the Heads of Governments Parties to The Hague Convention of 1954

Copy to: U.N. General Secretary

Appeal

The undersigned prof. dott. Fabio Maniscalco, as Director of the International Observatory for the Protection of Cultural Patrimony in Areas of Crisis, and on behalf of all those who wish to sign this appeal,

Considering that

 Following the various armed conflicts of the last century, after a hard and sometimes contradictory process, the International Community has recognized some juridical instruments finalized to safeguarde cultural heritage in conflict areas. We refer, in particular, to The Hague Convention of 1954 and its 1954 and 1999 additional protocols;

 The Hague Convention of 1954 is until now the main multilateral juridical tool, dedicated to the protection of Cultural Property in the Event of Armed Conflict;

 The principles of The Hague Convention of 1954 continue to being ignored;

 Since the end of the Second World War there have been more than 100 international, mixed and internal conflicts, which have produced the dissolution of a high number of cultural heritage. A dissolution that, in part, results from the lack of a legislative Body, in the international juridical system, able to codify rules that are valid and have characteristics of generality and universality and from the absence, in the Conventions in force, of clear prescriptions concerning individual penal responsibilities and sanctions for the defaulting States;

 In the Preamble of The Hague Convention of 1954, States parties recognize that “... damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world” and that “...the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection”;

 In order that international law has a concrete effect in the safeguard of cultural heritage in the event of armed conflict, it would be necessary the ratification of existing treaties by the more possible number of States (especially those involved in armed conflicts);

 During the long-lasting and endless crisis in the Middle East, a huge amount of cultural and religious heritage have been destroyed, damaged or stolen by conflicting factions;

 Palestine is not recognized as a State, so it cannot ratify treaties;

 Although Israel has signed The Hague Convention in 1957, it is not obliged to respect its provisions because the Palestinian Authority have not ratified it

Calls Upon the Palestinian Authority

 To aware the local public opinion about the respect of its and others historical and cultural identity and to adopt any useful measure to protect the entire cultural heritage, movable and immovable, material and immaterial, of Palestine;

 To promulgate national laws, concerning safeguard, preservation and enhancement of cultural heritage, more adequate to the renewed requirements of Palestine;

 To present a petition to UNESCO to obtain the “authorization” to ratify The Hague Convention of 1954 and its additional Protocols of 1954 and 1999.

Calls Upon the Government of Israel

 To aware the local public opinion and the Israeli Army for the respect of its and others historical and cultural identity and to adopt any useful measure to observe the provision of The Hague Convention of 1954 both within its territory then within the Palestinian territories;

 To support the possible request of the Palestinian Authority to UNESCO, to ratify The Hague Convention of 1954.

Calls Upon Unesco and all States Parties to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (the Hague, 14 May 1954)

 In case the Palestinian Authority will present a petition to UNESCO, to ratify The Hague Convention of 1954, to agree to it and to favor its implementation in the Palestinian Territories.